KERALA STATE ELECTRICITY BOAD Vs. AYSHA

JUDGEMENT

(1.) THIS appeal with an application seeking condonation of delay of 434 days is filed by KSE Board challenging a decree granting compensation on account of electrocution.

(2.) THE fact that the predecessor -in -interest of the plaintiffs died due to electrocution is not in dispute. KSE Board set up the defence that the victim, along with others, was having lunch in the compound within Kakkanad Industrial Complex and the deceased was sitting on a tin sheet supporting himself on the electric post, through which 11 KV line was drawn, and the 11 KV pin insulator flashed and as a result, current passed through the electric post, as a consequence of which, the victim suffered severe electric shock and died. While the Board attributes the death to the negligence and carelessness of the victim in having reclined onto the electric post, such defence cannot be accepted on the basis of the doctrine of strict liability since the KSE Board deals with electricity, a dangerous substance -see for support, W.B. SEB v. Sachin Banerjee : [(1999) 9 SCC 21], M.P. Electricity Board v. Shail Kumari : [(2002) 2 SCC 162] and Varghese and another v. K.S.E.B.[ : ILR 2013 (2) Ker. 99]. No negligence can be attributed to a person in such situation, and we find no ground to interfere with the finding of the court below in this regard.

(3.) THE C.M. Application is supported by an affidavit which does not provide any reason which can be taken as sufficient cause to condone delay. We are not satisfied that the delay has to be condoned.